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A Middlesex County judge has ruled that a gang member’s mail can be used as evidence against him in order to prove witness tampering. The judge concluded that gathering such evidence does not violate the U.S. Constitution’s Fourth Amendment or New Jersey Administrative Code. In handing down his precedential ruling,…
Can police search a cellphone without a search warrant under the “incident to arrest” exception to the Fourth Amendment of the U.S. Constitution? The U.S. Supreme Court has decided to tackle this question and has heard oral arguments involving an issue that has divided state and federal courts. At the…
The New Jersey Supreme Court has heard arguments concerning the case of a New Jersey rapper whose attempted murder conviction was overturned after an appeals court ruled that the prosecution’s reading of the defendant’s rap lyrics at his trial was inappropriate and prejudiced the jury. The rapper, Vonte Skinner, was…
A New Jersey judge has said that the New Jersey Legislative Select Committee on Investigation cannot compel New Jersey Governor Chris Christie’s former deputy chief of staff and the governor’s two-time campaign manager to provide documents that could potentially incriminate them in last fall’s “Bridgegate” scandal. Mercer County Assignment Judge…
Eyebrows were raised recently when Baltimore Ravens running back Ray Rice married his fiancée, Janay Palmer, a day after he was indicted by a New Jersey grand jury on a third-degree aggravated assault charge in connection with an alleged altercation he had with her at a New Jersey casino on…
The criminal defense attorneys at Lubiner, Schmidt & Palumbo, LLC have been following with great interest the findings of a New Jersey Supreme Court committee, chaired by Chief Justice Stuart Rabner. The findings recommended the state’s bail system be redesigned to more accurately assess risks posed by defendants. The committee…
A 30-year-old Bloomfield man is free, but the two Bloomfield police officers who arrested him are fighting charges themselves after footage from a police cruiser’s dashboard camera showed that allegations against the man of eluding police, resisting arrest, and assault were false. The case began to unravel when the suspect’s…
New York Knicks point guard Raymond Felton was arrested and later arraigned on two felony gun charges after his wife, accompanied by her attorney, turned in a semi-automatic handgun that he allegedly owns over to police. The lawyer claimed that Felton’s estranged wife, who has filed for divorce, no longer…
In Sept. 2013, Governor Chris Christie signed into law a bill that eased some of the barriers that kept children from participating in New Jersey’s medical marijuana program. The new law allowed dispensaries to offer edible marijuana products to minors, but stipulated that the edible products could only be offered…
New Jersey was the last state in the union to authorize the use of stun guns as a law enforcement tool. It wasn’t until 2006 that the state authorized their use and some counties did not start issuing them to police until just recently. If you find yourself in a…